Being questioned at customs?

[Carey 0]

Hi there!

My boyfriend of 5 yrs and I are planning on getting engaged soon and filing for a K3 visa. I am an American citizen and he is a British citizen. We frequently visit, as often as possible, and recently he has been stopped at customs in Newark, NJ and questioned about whether he is in the country to work. The customs officer told him last time that because he stays for about 8-10 weeks for each trip, it looks suspicious and leads customs to believe he is in the country to work. He has never traveled to the country for any other reason but for us to be together, and simply works in England to save up money for the trips; both of our families also loan us money while he is staying, so that he can stay for longer.

I was just wondering if anyone else has been in a similar situation, or knows if there is a way to alleviate the situation? I've read on here about providing the customs officials with proof of the relationship, as well as proof of how much money is in your bank account for the length of the stay... is there anything else we can do? It's such a stressful situation, and I don't want to even imagine what it would be like to be turned away when we are doing everything legally and want to be 100% sure we are not breaking the law. Last time he entered the US, he was brought into a separate room and interrogated, with the customs officer raising his voice and trying to scare him - not a nice situation to be in when you know you've done nothing wrong!!

Just wondering if anyone else has ever experienced this or knows of ways to make the process go smoother, for future reference.

Thanks!

[Darnell 8,479]

I would focus on having evidence in hand, at the customs inspection, of STRONG TIES to UK , to include -

1. pay stubs from UK employer

2. letter from employer in UK

3. lease documents or mortgage documents or house deed.

4. bank statements showing substantial dosh in the bank.

------

Remember, he is coming in on Visa Waiver Program - and must show strong ties to return to the UK.

Showing evidence of a relationship with a USC, is, IMO, just the opposite, and the ICE boys may think he is trying to immigrate, instead.

[Christi and Ian 24]

Hi there!

My boyfriend of 5 yrs and I are planning on getting engaged soon and filing for a K3 visa. I am an American citizen and he is a British citizen. We frequently visit, as often as possible, and recently he has been stopped at customs in Newark, NJ and questioned about whether he is in the country to work. The customs officer told him last time that because he stays for about 8-10 weeks for each trip, it looks suspicious and leads customs to believe he is in the country to work. He has never traveled to the country for any other reason but for us to be together, and simply works in England to save up money for the trips; both of our families also loan us money while he is staying, so that he can stay for longer.

I was just wondering if anyone else has been in a similar situation, or knows if there is a way to alleviate the situation? I've read on here about providing the customs officials with proof of the relationship, as well as proof of how much money is in your bank account for the length of the stay... is there anything else we can do? It's such a stressful situation, and I don't want to even imagine what it would be like to be turned away when we are doing everything legally and want to be 100% sure we are not breaking the law. Last time he entered the US, he was brought into a separate room and interrogated, with the customs officer raising his voice and trying to scare him - not a nice situation to be in when you know you've done nothing wrong!!

Just wondering if anyone else has ever experienced this or knows of ways to make the process go smoother, for future reference.

Thanks!

There shouldn't be a problem - before we were married, my husband came over every 3 months and stayed for 3 months at a time, for 5 years!! He was once asked, by the border agent, if his boss really allowed him to leave for such extended periods so often - to which he replied, "I am the boss."

He was once pulled aside and questioned, answered their questions, and was let through - only 2 times he ever had problems in 5 years.

[Carey 0]

There shouldn't be a problem - before we were married, my husband came over every 3 months and stayed for 3 months at a time, for 5 years!! He was once asked, by the border agent, if his boss really allowed him to leave for such extended periods so often - to which he replied, "I am the boss."

He was once pulled aside and questioned, answered their questions, and was let through - only 2 times he ever had problems in 5 years.

Thanks for the reply!

There had never been an issue since this last visit, which sort of led us to believe that he just happened to get an agent who was having a bad day or something. He's never had to show proof of ties to the UK, but we'll do that from now on, just to be sure. He also didn't have his return itinerary printed out (despite my nagging prior to him leaving the UK!), and I think that may have caused some alarm for the agent.

Darnell - my boyfriend is actually self-employed, so do you know of any way to show a tie to the UK if he isn't working for an employer? He is also living with his mother, so there's no lease agreement/mortgage/house deed. Like I said before, he didn't bring a printout of the return itinerary with him and offering the confirmation code for the booking to the agent didn't suffice.

[SunDrop 59]

Thanks for the reply!

There had never been an issue since this last visit, which sort of led us to believe that he just happened to get an agent who was having a bad day or something. He's never had to show proof of ties to the UK, but we'll do that from now on, just to be sure. He also didn't have his return itinerary printed out (despite my nagging prior to him leaving the UK!), and I think that may have caused some alarm for the agent.

Darnell - my boyfriend is actually self-employed, so do you know of any way to show a tie to the UK if he isn't working for an employer? He is also living with his mother, so there's no lease agreement/mortgage/house deed. Like I said before, he didn't bring a printout of the return itinerary with him and offering the confirmation code for the booking to the agent didn't suffice.

What does he do as a self-employed person?

And BTW, you won't be filing for a K3 if you are not getting married before filing. If you are getting engaged and plan to marry once he's got his US visa, it would be a K1. If you do get married and then file, a CR1 is a much better route to go because it's cheaper and he'd be eligible to work as soon as he arrives in the US.

[Carey 0]

What does he do as a self-employed person?

And BTW, you won't be filing for a K3 if you are not getting married before filing. If you are getting engaged and plan to marry once he's got his US visa, it would be a K1. If you do get married and then file, a CR1 is a much better route to go because it's cheaper and he'd be eligible to work as soon as he arrives in the US.

He's a web designer.

I realized that after I already posted the topic, heh. We will likely get engaged and then plan to marry once he has a US visa.

[Justine+David 218]

Unfortunately now that he's been questioned before he may be tagged in the system as having been interrogated and the next trip may not be as easy. You have to understand that the border guards' mindset is that everyone is trying to immigrate into the U.S. until proven otherwise, meaning that the burden is on you to provide evidence.

As an aside, the overwhelming opinion of VJ is to *not* go the K-3 route as it is considered obsolete if you are married. Rather, the recommendation is going the CR-1 route which is much less expensive, takes about the same time as a K3, and allows the holder to work and travel outside the U.S. immediately. For a K3 you have to adjust status which is $1010 currently and you won't be allowed to work or leave for a few months.

Good luck and welcome to VJ

Edited January 19, 2010 by Justine+David

[Darnell 8,479]

Darnell - my boyfriend is actually self-employed, so do you know of any way to show a tie to the UK if he isn't working for an employer? He is also living with his mother, so there's no lease agreement/mortgage/house deed. Like I said before, he didn't bring a printout of the return itinerary with him and offering the confirmation code for the booking to the agent didn't suffice.

Is he 'big enough' to have a chartered accountant manage his books for him? If so, then an income statement from the CA, with the official Seal/Stamp on it, should be sufficient. Is similar to a 'audited income statement' from a CPA in the USA, but is a bit different. Does he have a company registration number? with Company Papers perhaps? And a Company Bank Account, with statements? Those are useful, you betcha.

[Carey 0]

Unfortunately now that he's been questioned before he may be tagged in the system as having been interrogated and the next trip may not be as easy. You have to understand that the border guards' mindset is that everyone is trying to immigrate into the U.S. until proven otherwise, meaning that the burden is on you to provide evidence.

We completely understand their mindset, it was just a pretty scary experience and I want to be sure in the future that it can go as smoothly as possible. Next time he will 100% absolutely have proof of tie to the UK, including the return itinerary...but with him being self-employed, I wasn't sure what else he could show as ties to the country... invoices from UK clients? Do bill statements count? And because we get a lot of financial help from my family while he is here, there usually isn't "substantial" money in his bank upon arrival.

[Carey 0]

Is he 'big enough' to have a chartered accountant manage his books for him? If so, then an income statement from the CA, with the official Seal/Stamp on it, should be sufficient. Is similar to a 'audited income statement' from a CPA in the USA, but is a bit different. Does he have a company registration number? with Company Papers perhaps? And a Company Bank Account, with statements? Those are useful, you betcha.

He is just a one man operation, so the extent of his company paperwork is basically contracts, invoices, and payments from clients. He could also provide bill statements, his UK social security card, and other things. I just don't want to risk being turned away, the thought of it makes me feel sick.

[SunDrop 59]

He is just a one man operation, so the extent of his company paperwork is basically contracts, invoices, and payments from clients. He could also provide bill statements, his UK social security card, and other things. I just don't want to risk being turned away, the thought of it makes me feel sick.

His National Insurance Registration Card (SS equivalent) is a mute document. Just as with the SSN, it's assigned for life.

Does he rent or own his home in the UK? A letter from a landlord confirming that he is still occupying the property, is contractually bound until x date (leases here are usually renewed when they expire and for privately owned accommodation are a minimum of 6 months, but usually 12 months) and hasn't given due notice on the property would go a long way.

Also, one definitive proof that you're going about things in the right way is to file for your K1 and and have him bring the NOA1. At least that shows that you know what the correct process is and are making steps towards to his permanent relocation there.

[SunDrop 59]

Another thought is how long is he in the UK between trips, on average. If it's not very long, he would be best leaving a least a couple of months in between his last and next visit. Sucks to be apart but you don't want a situation where he's refused entry and you have to be apart for the entire duration of your K1 process.

Be careful about his spending too much of the year abroad, as it could place his residency in question...

[Justine+David 218]

Sundrop, the OP said that he lives with his mother with no lease.

Wow, what a tough situation, being self-employed, no lease or mortgage, low amount of funds...there really isn't much to keep him there in the UK...you're lucky that he lives in the UK because most other countries he wouldn't have a chance at all in visiting the U.S.

I hope someone can come along to give you more ideas about what to present as evidence, but as Sundrop said, spacing the times that you see each other farther apart or shorter trips seems to be in order.

[SunDrop 59]

Sundrop, the OP said that he lives with his mother with no lease.

Oops, forgot that and didn't re-read between posts! Sorry!

[Christi and Ian 24]

He is just a one man operation, so the extent of his company paperwork is basically contracts, invoices, and payments from clients. He could also provide bill statements, his UK social security card, and other things. I just don't want to risk being turned away, the thought of it makes me feel sick.

We're in the exact same situation - my hubby is also a self-employed web administrator who lives with mom (since it makes no sense to lease when you're in the U.S. for 6 months of the year). All he ever needed to show was his return itinerary/ticket.

However, we were advised to never say he was coming over to visit his girlfriend, because it raises red flags w/the border agents (a good friend of his went through hell for this). Also, now that we're going through the immigration process, we were told he shouldn't try to come over at all, because he would likely be turned away, depending on just how ####### the border agent is. He's been gone 4 months now - but I flew to England over Christmas to visit to make the wait less excruciating.